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Florida Third DCA rules in wrongful death lawsuit that hotel had no legal duty to hire professional lifeguards to supervise swimming pool

On December 18, 2019, in Kamal-Hashmat v. Loews Miami Beach Hotel Operating Co., Inc., No. 3D18-1514, the Florida Third DCA affirmed a trial court ruling that Florida law does not impose a legal duty on the owner or operator of a private hotel swimming pool to provide a lifeguard for the protection of its guests. The Third DCA noted that a rule within the Florida Administrative Code, Rule 64E-9.008, “Supervision and Safety,” addresses “public swimming pools,” and requirements for the training and certification of lifeguards at such pools (as well as requirements for safety equipment, pool rules, maintenance and access, and other aspects of pool operation). However, the Court concluded that the requirements in the Rule regarding lifeguard training and certification only apply if a private hotel voluntarily chooses to hire one or more lifeguards.